HomeMy WebLinkAboutAT &T CAPITAL SERVICES EQUIPMENT LEASE-PURCHASE LEASE AGREEMENT
Lessee
Customer full legal name
CITY OF AUGUSTA, GEORGIA
Telephone number
706 821-1242
Contact Name
PHilLIP WASSON
Address
530 GREENE STREET
Equipment location, if different from above
91 I FOURTH ST.
675 RICE RD., BLDG 32422
E ui ment Detail
Equipment Description
E911 SYSTEM WITH ALL ACCESSORIES, ATTACHMENTS AND RELATED PERIPHERALS; PROFESSIONAL SERVICES. TRAINING, TRAVEL &
EXPENSES
E ul ment Su Iier AT&T DataComm, Inc.
Schedule of Rental Pa ments
Purchase option
~
~ at&t
AT&T Capital Services, Inc.
2000 W. AT&T Center Drive
Hoffman Estates.lL 60192-5000
Office: 800/346-8082
Fax: 847/427.5886
Fax number
Equipment Lease-Purchase ~
CompleteLease Agreement
Number: 1-4488900-001
Dated: January 9. 2009
City
AUGUSTA
City
AUGUSTA
FORT GORDON
One Dollar
Down Payment (if applicable)' Term of Lease (in months)
$ (plus applicable taxes) 60
'Payable to A T& T Capital Services. Inc. and due upon execution of this Agreement.
Payments": 60 at $12.068.56 (plus applicable taxes)
Remaining at $_ (plus applicable taxes)
"Pa ments ma be indexed u until lease commencement.
Payment frequency:
Monthly
State
GA
State
GA
GA
Zip
30911
Zip
30911
30905
County
County
Total number of payments: 60
in Arrears
Terms and Conditions
1. LEASE: Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the Any sum received later than ten (JO) days after its due date will bear interest from
equipment described on page I of this Equipment Leasc-Purchase CompleteLease such due date at the rate of I Wl'o per month, but not exceeding the lawful maximum, if
Agreement (" Agrecment"). It is expressly understood that the term "Equipment" shall any. until paid. All sums to be paid as provided herein shall be payable to Lessor at its
include, but is not limited to the equipment described on page I and any associated address set forth above or such other place as Lessor directs in writing.
items therewith. including all parts. wiring, replacements. additions. repairs and
attachments incorporated therein and/or affixed thereto. all documentation (such as
technical documentation and/or user manuals), operating system software and
application software. Any reference to "Lease" shall mean this Agreement. including
the Opinion of Counsel, the Acceptance Certificate, and any riders, amendmcnts and
addenda thereto, and any other documents as may from time to time be made a part
hereof.
As conditions precedent to Lessor's obligation to purchase any Equipment, (a) Lessee
shall execute this Agreement, and all Lease documents including the Acceptance
Certificate, Opinion of Counsel, and any other documentation required by Lessor, and
(b) there shall have been no material adverse change in Lessee's financial condition.
2. TERM: The lease term shall commence on the date of execution of an Acceptance
Certificate or twenty (20) days after the delivery of the last piece of Equipment to the
Lessee ("Commencement Datc"), and unless earlier terminated as provided for in the
Lease, shall continue for the number of whole months or other payment periods set
forth in this Agreement ("Initial Ternl"). commencing on the first day of the month
following the Commencement Date (or commencing on thc Commencement Date if
such date is the first day of the month). The Term may be earlier terminated upon: (a)
the non-appropriation of funds pursuant to Section 4 herein, (b) an Event of Loss
pursuant to Section 14. or (c) an Event of Default by Lessee and Lessor's election to
cancel this Lease pursuant to Section 17.
3. RENT PAYMENTS: During the Initial Term and any renewal term of the Lea~e,
Lessee agrees to pay Lessor total rent equal to thc aggregate number of rental
payments multiplied by thc amount of each payment (plus taxes) specified on page I
of the Lease. The due date of the first rent payment is the date upon which the
Equipment is delivered to Lessee or any later date designated by Lessor. Restrictive
endorsements on checks sent to Lessor will not reduce Lessee's obligations to Lessor.
"Price" shall mean the actual purchase price of the Equipment. If the Price is
increased or decreased as a result of a change in the actual purchase price of the
Equipment. Lessee authorizes Lessor to adjust the Rent Payments accordingly.
l~c.Purchase Complc:leLease 4.2008
Page I of3
4. NON-APPROPRIA nON: This Section is applicable only if the inclusion of such
a non-appropriation provision is legally required. Lessee's obligations to pay Rent
Payments and any other amounts due for each fiscal period is contingent upon
approval of the appropriation of funds by its governing body. In the event funds are
not appropriated for any fiscal period equal to amounts due under the Lease. Lessee
may terminate the Lease effective on thc first day of such fiscal period ("Terminatioo
Date"), if: (a) Lessee has used due diligence to exhaust all funds legally available; and
(b) Lessor has received written notice from Lessee at least thirty (30) days before the
Termination Date. Upon the occurrence of such non-appropriation, Lessee shall not
bc obligated for Rent Payments for any fiscal period for which funds have not been so
appropriated, and Lessee shall deliver the Equipment to Lessor on the Termination
Date, packed for shipment in accordance with the manufacturer's specifications,
freight prepaid and insured to any location in the continental United States designated
by Lessor. If Lessee terminates a Lease pursuant to this Section, unless the following
would affect the validity of a Lease. Lessee will not purchase, lea~e. rent, scek
appropriations for, or otherwise obtain equipment scrving the same function as the
Equipment for the fiscal period in which such termination occurs or the next
succeeding fiscal period and such an obligation will survive termination of this Lease.
5, USE: Lessee shall at its expense, keep the Equipment in good working order,
repair, appeardnce and condition, reasonable wear and tear excepted. Lessee shall
comply with all laws, ordinances, insurance policies and regulations relating to the
Equipment. and will pay all costs, claims, damages, fees and charges arising out of its
possession, use or maintenance. The Equipment will not be removed from the
Equipment Location without Lessor's prior written consent. which will not be
unreasonably withheld. Lessor will be entitled to enter upon the premises where the
Equipment is located during reasonable business hours to inspect the Equipment or
observe its use and operation. .
6. DELIVERY: All transportation, dclivery and installation costs shall be borne by
Lessee. Lessor is not and shall not be liable for specific performance of this Lease or
for damages if for any reason the supplier delays or fails to fill the order or if the
Lessee negotiates in bad faith prior to payment by Lessor to the supplier. Any delay in
delivery by the supplier shall not affect the validity of this Lease.
Lessee Initials X(Q-,(.. C
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7. NON.l:ANl:"~LLAHLt; NKl' Lt;ASE: Subject only to the provisions of Sectlon 4
herein. Lessee's obligations under the Lease are absolute and unconditional. and shall
not be subject to any delay, reduction, setoff, defense, counterclaim or recoupment for
any reason including any failure of the Equipment, or any misrepresentation of any
supplier, manufacturer. installer, vendor or distributor. Lessor is not responsible for
the delivery, installation. maintenance or operation of the Equipment.
8. WARRANTIES: Lessor and Lessee acknowledge that third-party warranties, if
any. inure to the benefit of Lessee. Lessee agrees to pursue any warranty claim
directly against such third party and shall not pursue any such claim against Lessor.
Lessee shall continue to pay Lessor all amount5 payable under any Lease under any
and all circumstances.
9. QUIET ENJOYMENT: During the Tenn, Lessor shall not interfere with Lessee's
quiet enjoyment and use of the Equipment provided that an Event of Default (as
hereinafter defined) ha5 not occurred.
10. TAXES AND FEES: Lessee shall keep the Equipment free and clear of all levies,
liens and encumbrances except those created under this Lease. Unless Lessee first
provides proof of exemption therefrom. Lessee shall promplly reimburse Lessor, upon
demand, as an additional sum payable under this Lease, or shall pay directly if so
requested by Lessor. all license and registration fees, sales, use, personal property
taxes and all other taxes and charges imposed by any federal. state, or local
governmental or taxing authority, whether assessed against Lessee or Lessor, relating
to the purchase, owncrship. leasing, or use of the Equipment or the Rent Paymcnts.
excluding all taxes computed upon the net income of Lessor.
11. DISCLAIMER OF WARRANTIES AND DAMAGES: LESSEE
ACKNOWLEDGES THAT (a)THE SIZE, DESIGN, CAPACITY OF THE
EQUIPMENT AND THE MANUFACTURER AND SUPPLIER HAVE BEEN
SELECTED BY LESSEE; (b)LESSOR IS NOT A MANUFACTURER, SUPPLIER.
DEALER, D1STRffiUTOR OR INSTALLER OF THE EQUIPMENT; (c) NO
MANUFACTURER OR SUPPLIER OR ANY OF THEIR REPRESENTATIVES [S
AN AGENT OF LESSOR OR AUTHORIZED TO WAIVE OR ALTER ANY TERM
OR CONDITION OF A LEASE; AND (d)EXCEPT FOR LESSOR'S WARRANTY
OF QUIET ENJOYMENT, LESSOR HAS NOT MADE AND DOES NOT HEREBY
MAKE ANY REPRESENTATION. WARRANTY OR COVENANT, WRITTEN OR
ORAL. STATUTORY, EXPRESS OR IMPLIED, AS TO ANY MATTER
WHATSOEVER INCLUDING, WITHOUT LIMITATION. THE DESIGN,
QUALITY, CAPACITY, MATERIAL, WORKMANSHIP, OPERATION,
CONDITION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. HIDDEN OR LATENT DEFECT OF THE EQUIPMENT OR ANY
PORTION THEREOF, OR AS TO ANY PATENT, COPYRIGHT OR
TRADEMARK INFRINGEMENT. LESSEE LEASES THE EQUfPMENT "AS IS,
WHERE IS".
LESSOR SHALL HAVE NO LlABlLlTY TO LESSEE OR ANY THIRD PARTY
FOR ANY SPECIAL, DIRECT', INDIRECT. INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY SORT. INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR PERSONAL INJURY. LOSS OF PROFITS OR
SAVINGS, LOSS OF USE. OR ANY OTHER DAMAGES. WHETHER BASED ON
STRICT LlABlLlTY OR NEGLIGENCE, AND WHETHER RESULTING FROM
USE OF THE EQUIPMENT OR BREACH OF THE LEASE OR OTHERWISE,
EXCEPT FOR DIRECT, SPEClF1C DAMAGES FOR LESSOR'S BREACH OF A
LEASE OR FOR PERSONAL INJURY OR PROPERTY DAMAGE ONLY TO THE
EXTENT CAUSED BY LESSOR'S GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT'.
12. REPRESENTATIONS AND WARRANTIES OF LESSEE: Lessee represents,
covenants and warrants to Lessor that; (a) Lessce is a public body corporate and
politic, duly organized and validly existing, and has the power to execute, deliver and
perform cach Lease; (b) the person executing this Agreement and related documents
on behalf of Lessee has been given authority to bind Lessee; (c) this Agreement and all
relaled documents have been duly authorized and constitute valid, legal and binding
obligations of Lessee. enforccable in accordance with their terms; (d) there are no
actions or proceedings pending or threatened against Lessee which, if adversely
determined. will have a material adverse effect on the ability of Lessee to perform its
obligations under a Lease; (e) Lessee qualifies as a state or a political subdivision of a
state wi thin the meaning of Section 103 of the Internal Revenue Code of 1986, as
amended ("Code"); (f) Lessee will not do or cause to be done any act which will cause.
or by omission of any act allow. the Lease to be an arbitrage bond within the mcaning
of Section 148(a) of the Code; (g) Lessee will not take any action which, or omit to
take any action which, would adversely affect the exemption of the interest component
of Rent Payments from federal income taxation; (h) Lessee shall tile Internal Revenue
Form 8038-G or Form 8038-GC, as applicable; and (i) Lessee will be the only entity to
own, use and operate the Equipment during the Term and solely to perform essential
governmental functions; and (j) the obligation of Lessee to pay Rent Payments shall
L.ease-Purcha.", Comptelcl.ell.'" 4.200R
constitute a current expense of Lessee and is not m contravention ot any applicable
limitation of indebtedness.
13. INSURANCE . Lessee shall obtain and maintain on or with respect to the
Equipment at its own expense (a) liability insurance insuring against liability for
bodily injury and property damage and (b) physical damage insurance insuring against
loss or damage to the Equipment in an amount not less than the original cost of the
Equipmcnt. Lessee shall furnish Lessor with a certificate of insurance evidencing the
issuance of a policy or policies to Lessee, naming Lessor as an additional insured and
loss payee thereunder. Each such policy shall be in such fornl and with such insurers
as may be satisfactory to Lessor, including clauses requiring the insurer 10 give to
Lessor at least 30 days prior written notice of any alteration or cancellation thereof.
14. CASUAL TV LOSS: Lessee assumes all risk of loss or damage to the Equipment
from any cause whatsoever. If the Equipmcnt, in whole or in part. is lost, stolen,
damaged or destroyed, or is taken in any condemnation or similar proceeding (an
"Event of Loss"). Lessee shall promptly notify Lessor. Lessee shall, at its option: (a)
illunediatcly place the affected Equipment in good condition and working order, (b)
replace the affectcd itcm with like equipment of equal or greater value. in good
condition. and transfer clear title thereto to Lessor. or (c) to the extent pennitted by
law, pay to Lessor, within thirty (30) days of the Event of Loss, an amount equal to the
Stipulated Loss Value ("SL V") (as hereinafter defined) for such affected Equipment,
plus any other unpaid amounts then due under the Lease. [f an Event of Loss occurs
as to part of the Equipment for which the SL V is paid. a prorata amount of each Rent
Payment shall abate from the date the SLV payment is received by Lessor. The SLV
shall be an amount equal to the sum of the residual value of the Equipment (if
applicable) plus the sum of all future Rent Payments from the last Rent Payment date
to the end of the Lease Term with such Rent Payments discounted to present value at a
rate equal to three percent (3%) for the rcmaining Lease Term. or if such rate is not
permitted by law, then at the lowest permitted rate.
15. INDEMNITY: To the maximum extent pernlitted by applicable law, Lessee shall
indemnify Lessor against, and hold Lessor harmless from, and covenants to defend
Lessor against, any and all losses. claims, liens, encumbrances, suits, damages, and
Iiabilitics (and all costs and expenses including. without limitation, reasonable
attorneys' fees) related to the Lease including, without limitation. the selection.
purchasc. delivery, ownership. condition, use, operation of the Equipment, or violation
of the software suhlicense, or arising by operation of law (excluding the gross
negligence or willful misconduct of Lessor). Lessee shall assume full responsibility
for, or at Lessor's sole option, reimburse Lessor for the defense thereof. This Section
shall survive the termination of the Lease with respect to act~ or events occurring or
alleged to have occurred or othcrwise attributable to the period prior to the return of
the Equipment to Lessor.
The Lease is entered into based upon the assumption that the intcrest portion of the
Rent Payments will not be includable in Lessor's gross income for federal income tax
purposes. If Lessee causes Lessor's after-tax economic yield to be adversely affected,
to the extent permitted by law, Lessee shall pay Lessor, on demand. an amount which
will cause Lessor to have the same economic return had such a loss not occurrcd.
16. DEFAULT: Lessee shall be in default under this Lease upon the occurrence of
anyone or more of the following events (each an "Event of Default"): (a) failure by
Lessee to pay any Rent Payments or other amounts payable under this Agreement for a
period of ten (10) days or more, (b) failure by Lessee to perform any term or condition
hereunder, it being agreed that default under one Agreement shall constitute a default
under this Lea~e and all associated Agreements with Lessor, (c) the inaccuracy of any
material representation or warranty made by the Lessee or any guarantor hereof in
connection with any Agreement hereunder. (d) Lessee's attempt to make an
assignment of this Lease or sublea5e any Equipment without Lessor's prior written
consent, (e) Lessee dissolves or ceases to exist or transfers a major part in value of its
assets, (I) Lessee becomes insolvent. makes an assignment for the benefit of creditors,
tiles a voluntary petition or has an involuntary petition tilcd or action commenced
against it under the United States Bankruptcy Code or any similar federal or state law,
(g) an adverse change in Lessee's or any guarantor's financial condition as will. in the
good faith judgment of Lessor. impair the Equipment or increase the credit risk
involved, (h) failure by Lessee to obtain or maintain any insurance required by Lessor
under any Agreement hercunder, (i) any guarantor of any of Lessee's obligations
under any Agreement defaults in the performance of any covenant or obligation
hereunder. or (j) Lessee files a UCC-3 Termination Statcment without the prior written
authorization of Lessor.
17, REMEDIES. Upon the occurrence of an Event of Default, Lessor may, at its
option do any or all of the following: (a) proceed by appropriate court action either at
law or in equity to enforce performancc by Lessee of the applicable covenants and
terms of this Lease, (b) retake immediate possession of the Equipment, wherever
located, and for such purpose. enter upon any premises without liability for so doing.
(c) cause Lessee, and Lessee hereby agrees. to return the Equipment to Lessor as
provided in this Lease. (d) recover from Lessee, as liquidated damages for loss of a
Page 2 of 3 Lessee Initials ,K (' 9s;./ &
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bargaIn and not as a penalty, all sums OWIng hereunder and/or all Kent Payments
immcdiately due and payablc, (c) sell, lease. hold, use or otherwise dispose of any
Equipmcnt as Lessor in its sole discretion may determine and Lessor shall not be
obligated to give preference to the sale, lease or other disposition of the Equipment
over the sale. lease or other disposition of similar F.quipment owned or leased by
Lessor, or (I) by notice in writing to Lessee. cancel this Lease whereupon all right and
interest of Lessee in or to the possession or use of the Equipment shall absolutely
cease. In any event. Lessee shall, without further demand. pay to Lessor an amount
equal to all sums due and payable for all periods up to and including the date on which
Lessor has declared this Lease to be in default and as partial damages for breach, a
sum equal to the unpaid balance of Rem Payments for the remaining Term.
(discounted to present value at the prime rate in effect at the time of such default). less
only the net proceeds of any such reletting or sale to thc extent such rcntals or
proceeds are attributablc to the balance of the Term.
Furthcr. Lessor shall be entitled to recover from Lessee and Lessee agrees to pay: (i)
any and all damages which Lessor shall sustain by reason of any such default or
breach by Lessee, (ii) a reasonablc sum for attorneys' fees, and (iii) such expenses as
shall be expended or inculTed by Lessor ill the seizure. rental. storage. transportation,
sale of Equipment. or enforcement of any right or privilege hereunder or collection of
any sums due hereunder. Lessee further agrees that. in any event. it will be liable for
any deficicncy aftcr any sale, lease or other disposition by Lessor.
The remedies herein provided in favor of Lessor in the event of Lessee's default as
hereinabove set forth shall not be deemed to be exclusive. but shall bc cumulative and
shall be in addition to all other remcdies in its favor existing in law, in equity or in
bankruptcy.
18, ASSIGNMl<:NT: WITHOUT LESSOR'S PRIOR WRITTEN CONSENT (SUCH
CONSENT, WHICH SHALL NOT BE UNREASONABLY WITHHELD), LESSEE
SHALL NOT ASSIGN. SUBLEASE, TRANSFER, PLEDGE, MORTGAGE OR
OTHERWISE ENCUMBER ("TRANSFER") THE EQUIPMENT OR THE LEASE
OR ANY OF ITS RIGHTS THEREIN OR PERMIT ANY LEVY, LIEN OR
ENCUMBRANCE THEREON. Any attempted non-consensual Transfer by Lessee
shall be void ab initio. No Transfer shall relieve Lessee of any of its obligations under
the Lease. Lessor may not sell or assign its right, title and interesl in or to this Lease
or the Equipment leased herein, and/or scll, grant, or assign a security interest in this
Lease or Equipment. Any such sale, grant, or assignment shall be void and of no
effect.
19. NOTICES: Notices. demands and other communications shall be in writing and
shall be sent by hand delivery, certilied mail (return receipt requested), or overnight
couricr service to Lessee or Lessor at their respective addresses stated above. Notices
shall be effective upon thc earlicr of actual rcceipt or four days after the mailing date.
Either party may substitute another address by written notice to the other party.
20. GOVERNING LAW: EACH LEASE SHALL BE GOVERNED BY THE
LA WS OF THE ST ATE IN WHICH THE LESSEE IS LOCATED.
2I. TJTL"~ TV E(JUll'MENT; SECUKITY lNTt;llliST: Upon acceptance ot the
Equipment by Lessee hcrcunder, title to the Equipment shall vest in Lessee; provided,
howcver. that (a) in the event of termination of this Lease pursuant to Section 4 hereof,
or (b) upon the occurrence of an Event of Default as defined in Section 16 hereof. and
as long as such Event of Dcfault is continuing, title will immediately vest in Lessor.
In order to secure all of its obligations hereunder. Lessee hereby grants to Lessor a
first and prior security interest in any and all right. title and interest of Lessee in the
F.quipment and in all additions. attachments, accessions. substitutions thereto and on
any proceeds therefrom. Lessee shall deliver to Lessor. upon Lessor's request. such
instruments and documents as Lessor deems necessary or advisable for the
confirmation or perfection of this Lease and Lessor's rights hereunder, and Lessee
hereby ilTevocably appoints Lessor and its agents, its true and lawful attorney-in-fact
for the limited purpose of filing on behalf of Lessee any and all UCC financing
statements, which in Lessor's sole discretion. are necessary or proper to secure
Lessor's interest in the Equipment in all applicable jurisdictions.
22. MISCELLANEOUS: (a) Any failurc of Lessor to require strict performance by
Lessee or any waiver by Lessor of any provision of the Lease shall not be construed as
a consent to or waiver of any other breach of the same or of any other provision; (b) if
there is morc than one Lessee, the obligations of cach Lessee are joint and several; (c)
Lessee shall deliver to Lessor, from time to time, such additional financial information
as Lessor may reasonably request; (d) any provision of this Lease prohibited by law in
any state shall. as to such state, be ineffectivc to the extent of such prohibition without
invalidating the remaining provisions of this Lease; (e) the obligations which Lessee
is required to perform during the Term of any Lease shall survive the expiration or
other termination of the Lease to the extent that such obligations remain unperformed
as of the expiration or termination of the Lease; (f) in the event Lessee fails to payor
perform any obligations under the Lease. Lessor may. at its option, payor perform
such obligation, and any payment made or expense incurred by Lessor in connection
therewith shall be due and payable by Lessee. upon demand by Lessor, with interest
thereon accruing at the rate of I V2 % per month. but not exceeding the lawful
maximum, if any, until paid; (g) time is of the essence in each Lease and in each of
the Lease provisions; (h) Lessee shall pay Lessor on demand all costs and expenses,
including reasonable attorneys' and rollection fees incurred by Lessor in enforcing the
terms and conditions of a Lea~e or in protecting Lessor's rights and intercsls in the
Lease or thc Equipment; (i) no late charge. fee or interest, as applicable, is intended to
exceed the maximum amount penllitted 10 be charged or collected by applicablc law;
(j) this Agreement and/or any Lease hereunder may be executed in one or more
counterparts. but only one shall be deemed an original, and it shall be stamped "Lessor
Original" whilc all other counterparts shall be stamped "Lessee Copy"; (k) each
Lease constitutes the entire agreement between Lessor and Lessee with respect to the
subject matter thereof and supersedes all previous writings and understandings of any
nature whatsoever. No agent, employee, or representative of Lessor has any authority
to bind Lessor to any representation or walTanty concerning the Equipment and. unless
such representation or warranty is specifically included in the Lease, it shall not be
enforceable by Lessee against Lessor.
Except as otherwise provided in Section 3 of this Agreement. any modifications,
amendments or waivers to a Lease shall be effective only if mutually agreed upon in
writing and duly executed by authorized representatives of the parties.
THE LOGO APPEARING ON THIS DOCUMENT IS A FEDERAl.t.Y REGtSTERED TRADEMARK AND MA Y NOT liE USED IN ANY WAY NOR MAY TIllS DOCUMENT BE ALTERED OR MANIPULATED WITHOUT
THE PRIOR EXI'RESS WRITfEN CONSENT OF AT&T CAPITAL SERVICES. INC. LEssm MAY TRANSFER THIS DOCUMENT FROM ELECTRONIC FORMAT TO A TANGIBLE ONE BY PRINTING IT IN ITS
UNALTERED STATE.
Acknowledgement
Lessee hereby certi fies that he/she has read and agrees to all of the terms and
conditions set forth on pages 1-3 of this Equipment Lease-Purchase
Com leteLease A eement.
Lessee Name
CITY OF AUGUSTA, GEORGIA
Name and Title (piease print)
1)
Accepted By
THIS LEASE IS NOT BINDING UNTIL ACCEPTED BY LESSOR.
V\tc. Vr~.~.\.
C1 ~
OPINION OF COUNSEL \ t
With respect to that certain Equipment Lease-Purchase Agreement ("Lease") date anuary 9,2009 by and between AT&T Capital Services, Inc.
and the Lessee, I am of the opinion that: (i) the Lessee is, within the meaning of Section 103 of the Internal Revenue Code of 1986, as amended, a
State or a fully constituted political subdivision or agency of the State of the Equipment Location described in the Agreement hereto; (ii) the
execution, delivery and performance by the Lessee of the Lease have been duJy authorized by all necessary action on the part of the Lessee; and, (iii)
the L ase constitutes a legal, valid a inding obligation of the Lessee enforceable in accordance with its terms.
x
Lea.t;e.Purcha~ CompleleLease 4-2008
Page 3 of3
Lessee Initials ~
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~ at&t
AT&T Capital Services, Inc.
2000 W. AT&T Center Drive
Hoffman Estates, IL 60192-5000
Office: 800/346-8082
Fax: 8471427-5886
Insurance Request
Equipment Lease-Purchase f~
CompleteLease Agreement
Number:001-4488900-001
Dated: January 9,2009
Lessee
Customer full legal name
CITY OF AUGUSTA, GEORGIA
Telephone number
706 821-1242
Contact Name
PHILLIP WASSON
Address
530 GREENE STREET
Equipment location, if different from above
911 FOURTH ST
675 RICE RD., BLDG 32422
E ui ment Detail
Equipment Description (Include make, model, serial no., as more specifically described on any equipment purchase agreements or purchase orders)
E911 SYSTEM WITH ALL ACCESSORIES, ATTACHMENTS AND RELATED PERIPHERALS; PROFESSIONAL SERVICES, TRAINING, TRAVEL &
EXPENSES
Equipment Supplier
AT&T DataComm Inc.
Insurance
Insurance Company/Agency
Fax number
City
AUGUSTA
City
AUGUSTA
FORT GORDON
Zip
30911
Zip
30911
30905
County
County
X
Address
AgenVBroker Name
f
'f
Carrier (If different from above)
City
X
State
Zip
Telephone Number
{.
l
K
If
Policy Number
'/
Expiration Date
K
Please notify your insurance company to forward a copy of your insurance certificate to our office.
Policy Limits
Please amend the above policy to Include coverage on the above-described Equipment as follows:
PHYSICAL DAMAGE COVERAGE in the amount of: the full replacement value of the Equipment
COMPREHENSIVE GENERAL LIABILITY COVERAGE in the amount of: $1,000,000 (combined single limit)
Please issue to Lessor at its address shown above, an endorsement to the above policy (1) naming Lessor as additional insured and loss
payee, as its interest may appear on the Equipment. and (2) agreeing to give Lessor thirty (30) days prior written notice of the effective date of
an alteration or cancellation of such olic.
Acknowledgment
We appreciate your cooperation in attending to this matter as quickly as possible.
Lessee Name
CITY OF AUGUSTA, GEORGIA
Name and title (please print)
K. 1/.j<jv:IP 5.
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C'f) rc,.J H~\'/c.K.
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(.ease-Purchase Completd.ease 4.2008
~d\
~ at&t
AT&T Capital Services, Inc.
2000 W. AT&T Center Drive
Hoffman Estates. IL 60192.5000
Office: 800/346-8082
Fax: 84711427-5886
ACCEPTANCE
CERTIFICA TE
Q
To Lessor: The undersigned Lessee hereby certifies that all Equipment described In Equipment Lease-Purchase CompleteLeasP Agreement No.
001-4488900-001 has been delivered to Lessee and installed; that the Equipment has been inspected by Lessee and Is in good operating order; and
that the Equipment Is accepted by Lessee for all purposes under the Lease. Lessee hereby directs Lessor to pay the vendor for the Equipment.
Lessee Name
CITY OF AUGUSTA, GEORGIA
Description of equipment
E911 SYSTEM WITH ALL ACCESSORIES, ATTACHMENTS AND RELATED PERIPHERALS; PROFESSIONAL SERVICES, TRAINING, TRAVEL &
EXPENSES
Name and title (please print)
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Date
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Lease # (Office use only)
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UPON ACCEPTANCE, PLEASE MAIL THIS CERTIFICATE TO:
Ines Pagan
AT&T Capital Services, Inc.
2000 W. AT&T Center Drive
Location No. 4C35A
Hoffman Estates, IL 60192-5000
Leasc-l'urclulse Compk:leLe..\C 4-2008
Information Return for Tax-Exempt Governmental Obligations
~ Under Internal Revenue Code section 149(e)
~ See separate Instructions.
Caution: If the issue price is under $100.000. use Form 8038-GC.
Authorit If Amended Return, check here ~ 0
2 Issu~r's employer identification number
form 8038-G
(Rev. November 2000)
3
Re ortin
Issuer's name
CITY OF AUGUSTA, GEORGIA
Number and street (or P.O. box if mail is not delivered to street address)
530 GREENE STREET
City. town, or post office. state, and ZIP code
AUGUSTA, GA 30911
7 Name of issue
5
OMB No. 1545-0720
Room/suite
4 Report number
3
6 Date of issue
8 CUSIP number
9 Name and title of officer or legal representative whom the IRS may call for more information Telephone number of officer or legal representative
( )
and enter the issue rice See instructions and attach schedule
Education 11
Health and hospital 12
Transportation . . 13
Public safety. . . 14
Environment (including sewage bonds) 15
Housing . . . . . . . . . 16
Utilities . . . . . . . . . 17
18 625,314.00
N/A
underwriters'discount
22 Proceeds used for accrued interest . . . . . . . . . , . .
23 Issue price of entire issue (enter amount from line 21, column (b)). . 625,314.00
24 Proceeds used for bond issuance costs (including underwriters' discount) 24
25 Proceeds used for credit enhancement. . . . . . . . .. 25
26 Proceeds allocated to reasonably required reserve or replacement fund 26
27 Proceeds used to currently refund prior issues 27
28 Proceeds used to advance refund prior issues 28
29 Total (add lines 24 through 28). . . . . .
30 Nonrefundin roceeds of the issue subtract line 29 from line 23 and enter amount here. . .
Descri tion of Refunded Bonds Com lete this art onl for refund in bonds.
31 Enter the remaining weighted average maturity of the bonds to be currently refunded . ~ years
32 Enter the remaining weighted average maturity of the bonds to be advance refunded . ~ years
33 Enter the last date on which the refunded bonds will be called. . . . . . .. . ~
34 Enter the date(s) the refunded bonds were issued ~
Miscellaneous
35 Enter the amount of the state volume cap allocated to the issue under section 141 (b)(5)
36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (see instructions)
b Enter the final maturity date of the guaranteed investment contract ~
37 Pooled financings: a Proceeds of this issue that are to be used to make loans to other governmental units 37a
b If this issue is a loan made from the proceeds of another tax-exempt issue, check box ~ 0 and enter the name of the
issuer ~ and the date of the issue ~
38 If the issuer has designated the issue under section 265(b)(3)(B)(i)(lIl) (small issuer exception), check box ~ 0
39 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box . . . . . . . . . ~ 0
40 If the issuer has identified a hed e, check box . . . . . . . . . . . . . . . . . . . . ~ 0
Under penalties of perjury. t declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge
and bclicf, they are true, correct. and complete.
(e) Stated redemption
price at maturity
Sign
Here
cJ2 J7'f.
~ Signature of issuer's a orized representative
4-/,1, (0
Date
For Paperwork Reduction Act Notice, see page 2 of the Instructions.
(i)
(d) Weighted
average maturity
(e) Yield
5.93 %
~1/-1v;U' ~. C:orrr-P~CI- f-(.,f-('Q)-
r Type or print name and title
Cat. No. 63773S form 8038-G (Rev. 11-2000)
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~ at&t
AT&T Capital Services, Inc.
2000 W. ATT Center Dr.
Hoffman Estates, IL 60196
Office 800.346.8082
April 7, 2009
MR. PHilLIP K. WASSON
AUGUSTA 911 CENTER
911 4TH ST.
AUGUSTA, GA 30911
Re: Lease Number 1-4488900-001
Dear Mr. Wasson:
Thank you for choosing AT&T Capital Services, Inc. for your financing needs. Enclosed you
will find copies of your fully executed lease document(s). Please make sure to mail all payments
to our Remit to Address located at 13160 Collections Center Drive, Chicago, rr.... 60693.
If you have any questions regarding these documents or anything related to your lease(s), please
do not hesitate to call any of the Customer Service Representatives listed below.
Lisa Plier
Sales Support Manager
(800) 346-8082 ext. 5067
Thank you for your business,
AT&T Capital Services, Inc.
Amendment to supplementary schedule NI Revised 11/13/2008
':..